, 1887-02-19
a Communication from Receiver Ellis.

jun eulloIial WIKI lne capuOn, LAND
Office Business, in your issue of the 18th
inst, | beg to call your attention to one OIL
two inaccuracies of fact. and erroneous
conclusions contained in said editorial,
presuming that Mr.. Glaicke would NOT
intentionally do even a land Office official
Injustice nor wilfully pervert any fact o,
%vlclously constrre the acts and sayings Of
parties whom he may casually meet, al
though those persons may be Democratic
officials.
First, my appointment is not SO recent
us might be inferred from your statement,
the same having occurred the Sd day OF
August. 1885. and l have been in service
nearly eighteen months, thirteen Of which
in the same Office with Mr.. Louis Dugal,
the register, who had been in said Office.
excepting an interval OF perhaps a year OF
two, since 1869, and | now ~reiterate what
l stated to Mr.. Glafcke, that during my
service in Office the register had always
complied with the law and rules of the
department, and had in every instance
within my knowledge designated the
papers in which final proof notices should
be published. You say that we have
undergone a change of heart on this sub
jcct. and cite the case of James ii. Mackey
to show that the register did not 'desig-
nate" the paper in which said notice
should be published. In answer to this
ins~inuation, | herewith enclose statement
of F. j. Mott, register of the land Office
at that time. | suggested to Mr.. Glafcke
when cony ersing with him on this sub
iect that if he would call at the land Office
in Cheyenne he would be shown that the
law required registers to designate the
papers in which notices should be pub
lished, and he replied that he was satisfied
that | would make no misstatement of the
facts, and that he was mistaken.
The unprecedented mind will Judge of
his good faith in writing the editorial re-
ferred to. l did not understand that |
was being interviewed by a reporter of
THE LEADER, but conversing with a gen
tleman representing himself, or who was
introduced to me as, the editor of The
LEADER. That the readers ofyour paper
may not be misled concerning the laws
governing registers of land Offices in such
cases, | ask that you publish this COM
munication and the following verbatim
copy Of the act of congress on the subject.
to wit
IAN act to provide additional regulations
for homestead and pre- emption entries
of public lands :"
BE it enacted by the senate and house
Of representatives Of the United States of
America in congress assembled, that be-
fore final proof shall be submitted by any
person claiming to epsssHassEicultural lands
under the laws providing for p~re-sna2tic"
O. 'hheG%9esssyead entries, such person shall
file with the register of the proper lane
office a notice of his or her intention IL
make such proof, stating therein the des
cription OF lands to be entered, and tn,
names OF the witnesses by whom the nee
essary facts will be established. Upor
the filing OF such notice the register shall
publish a notice that such application ha.
been made once a week for the period o.
thirty days in a newspaper to be by han
designated as published nearest to sucl
land, and he shall also publish such motto,
In some conspicuous place in his office fol
the same period. Such notice shall con
tain the cf the witnesses as stated
In the application. AT the expiration o
said period of thirty days, the claimant
shall be entitled to make proof in the
manner heretofore provided By law. The
secretary of the interior shall make al
necessary rules for giving effect to the
foregoing provisions.
Approved March 3, 1879"
TINS net was construed by Acting Sec
rotary Joslyn July 81, 1884, when, in Q
circular of that date directed to register.
of United States land offices, he among
other suggestions said: You are not to
construe the words as nearest as binding
you to n rule of strict geographic dis.
lance, but you are to select which among
the proper papers regularly published and
having a stable circulation nearest the
land you ,ciU designate for the purpose Of
such publication. This publication may
be found in Cops Land Opne,', eleventh
volume, page lac, dated Aug. Is. 1884.
1t will be observed that this circular was
issued by the acting secretary of the in
terror during the time Hon. II. NJ. Tel
Ter so ably and creditably filled the office
OF secretary of the interior. In February,
1885, during Secretary Teller 5 term,
Acting Commissioner Harrison of the
general land office decided that inasrnuch
as notice was not published in the news
paper designated by the register the final
proof is rejected See eleventh volume
Copp's Land Ocno-, page 353 {, March
/, 1885. Hence it may be seen that the
custom OF which THE LEADER so much
COM plains is no innovation made by Reg
lister Wilson or Commissioner Sparks, but
simply a faithful observance on their
parts OF the laws ~ofcongress, construed by
a Republican secretary and his assistants.
Herewith find incloscd certificates from
Il. j. Mott, present register, and Louis
Dugal, former register, of the Denver
land office, which please publish as a part
OF this communication as to the existing
and former custom of this Office. Re-
specially, j. VI. ELLIS.
UNITED STATES LAND OFFICE,
DENVER, Col. Feb Ii, 1887.
| hereby certify that since | have occu-
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